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Andhra Pradesh Court March 2012 Judgments

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Mar 02 2012

Smt.T.M.Nagarani and ors Vs. Ms.Andhra Tiles

Court: Andhra Pradesh

Decided on: Mar-02-2012

ORDER: 1. This civil revision petition arises out of order, dated 22.12.2011, in R.A.No.116 of 2011, on the file of the learned Chief Judge, City Small Causes Court, Hyderabad, whereby he has reversed the order, dated 13.04.2011, in R.C.No.26 of 2010, on the file of the learned Principal Rent Controller, Secunderabad. The petitioners filed R.C.No.26 of 2010 seeking eviction of the respondent under Sections 10(2)(i) and 10(3)(iii)(a) of the A.P.Buildings (Lease, Rent & Eviction) Control Act, 1960 (for short 'the Act'). The respondent raised an objection on the maintainability of eviction petition on the ground that even according to the petitioners, the rent of the building in question is Rs.3,500/- per month and that as per the amended provisions of Section 32(c) of the Act, if the rent of the building exceeds Rs.2,000/- in the areas other than the Municipal Corporation areas, the Rent Controller will cease to have jurisdiction to entertain the application for eviction. 2. The responde...


Mar 02 2012

Smt.T.M.Nagarani and Others Vs. M/S.Andhra Tiles

Court: Andhra Pradesh

Decided on: Mar-02-2012

THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Civil Revision Petition No.426 o02. 03.2012 Smt.T.M.Nagarani and others M/s.Andhra Tiles ^Counsel for the Petitioners: Sri R.Chandrashekar Reddy !Counsel for the respondent: Sri K.Mohan Cases referred:1. AIR 199.SC 121.2. 1969 APLJ 1 (SN) ORDER: This civil revision petition arises out of order, dated 22.12.2011, in R.A.No.116 of 2011, on the file of the learned Chief Judge, City Small Causes Court, Hyderabad, whereby he has reversed the order, dated 13.04.2011, in R.C.No.26 of 2010, on the file of the learned Principal Rent Controller, Secunderabad. The petitioners filed R.C.No.26 of 2010 seeking eviction of the respondent under Sections 10(2)(i) and 10(3)(iii)(a) of the A.P.Buildings (Lease, Rent & Eviction) Control Act, 1960 (for short 'the Act'). The respondent raised an objection on the maintainability of eviction petition on the ground that even according to the petitioners, the rent of the building in question is Rs.3,500/- per mont...


Mar 01 2012

Smt.M.Revathi Vs. the Government of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Mar-01-2012

ORDER: 1. This writ petition preferred by a fair price shop dealer challenges the validity of an order passed by the Revenue Divisional Officer, Tirupati, on 20.12.2011 suspending the authorization issued in favour of the writ petitioner to run and manage the fair price shop No.4 of Chiguruwada village, Tirupati Rural Mandal, pending enquiry and also directing the Tahsildar, Tirupati Rural to make alternative arrangements by attaching the ration cards to the adjacent fair price shop to avoid inconvenience to the card holders of fair price shop No.4 of Chiguruwada village, Tirupati Rural Mandal. 2. The writ petitioner was appointed as a fair price shop dealer for Shop No.4, Chiguruwada village of Tirupati Rural in the year 2006. Though it is asserted by the writ petitioner that she has been distributing the essential commodities strictly in accordance with The Andhra Pradesh Scheduled Commodities (Regulation of Distribution by Card System) Order, 2001, but nonetheless, the Deputy Tahsil...


Mar 01 2012

Shaik Mohd. Ali Ansari and Others. Vs. Shaik Abdul Samed (Died) Per Lr ...

Court: Andhra Pradesh

Decided on: Mar-01-2012

JUDGMENT: (Per Sri Justice Sanjay Kumar) 1. This Letters Patent Appeal arises out of the Judgment and Decree dated 10.12.2001 in A.S.No.23 of 1985, whereby a learned Judge of this Court reversed the Judgment and Decree dated 16.10.1978 of the learned Subordinate Judge, Bapatla, dismissing O.S.No.41 of 1975. The learned Judge passed a preliminary decree to partition the suit schedule property into three equal shares and to allot two such shares to the plaintiffs. Enquiry into past and future mesne profits was directed to be conducted on a separate application to be filed by the plaintiffs in the trial Court. 2. Aggrieved, respondent Nos.2 and 8 in A.S.No.23 of 1985 (defendant No.2 and the widow of deceased defendant No.5 in the suit, who was brought on record as one of his legal representatives in A.S.No.23 of 1985) are in appeal. The appellants in A.S.No.23 of 1985 (plaintiffs in the suit) are arrayed as respondent Nos.1 to 4 in this appeal. Upon the death of respondent No.1 herein, hi...


Mar 01 2012

The Indian Hume Pipes Co., Ltd., Vs. the Regional Director, Hyderabad ...

Court: Andhra Pradesh

Decided on: Mar-01-2012

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5752 o01. 03.2012 The Indian Hume Pipes Co., Ltd., The Regional Director, Hyderabad and another Counsel for the petitioner: Sri C.Raghu Counsel for respondents: Sri B.G.Ravinder Reddy, standing counsel for Employees State Insurance Corporation : : ?Cases referred: ORDER: The action of the respondents in attaching and recovering a sum of Rs.44,44,775/- towards the purported E.S.I. arrears for the period from July, 2005 to March, 2006 is questioned in this writ petition. At the hearing, it has come out that a legal battle between the petitioner on the one side and the respondents on the other, has been going on for a number of years and three identical demands made by the respondents against the petitioner for different years were set aside by the E.S.I. Court. The present dispute pertains to the fourth demand for the abovementioned period. The E.S.I. Court has granted stay of recovery of the abovementioned amount on 09.01.2012...


Mar 01 2012

Smt.M.Revathi Vs. the Government of Andhra Pradesh Rep. by

Court: Andhra Pradesh

Decided on: Mar-01-2012

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO. 3918 OF 201.01-03-2012 Smt.M.Revathi The Government of Andhra Pradesh Rep. by the District Collector, and others Counsel for the Petitioner : M/s. P.Hemachandra Counsel for the Respondents : Government Pleader for Revenue ?CITATIONS:1. 2005(1) ALT 9.2 2005(2) ALT 42.ORDER: This writ petition preferred by a fair price shop dealer challenges the validity of an order passed by the Revenue Divisional Officer, Tirupati, on 20.12.2011 suspending the authorization issued in favour of the writ petitioner to run and manage the fair price shop No.4 of Chiguruwada village, Tirupati Rural Mandal, pending enquiry and also directing the Tahsildar, Tirupati Rural to make alternative arrangements by attaching the ration cards to the adjacent fair price shop to avoid inconvenience to the card holders of fair price shop No.4 of Chiguruwada village, Tirupati Rural Mandal. The writ petitioner was appointed as a fair price shop dealer for Shop ...


Mar 01 2012

Shaik Mohd. Ali Ansari and Others. Vs. Shaik Abdul Samed (Died) Per Lr ...

Court: Andhra Pradesh

Decided on: Mar-01-2012

THE HON'BLE THE CHIEF JUSTICE SHRI MADAN B.LOKUR AND THE HON'BLE SHRI JUSTICE SANJAY KUMAR LETTERS PATENT APPEAL NO.141 OF 200.01-03-2012 Shaik Mohd. Ali Ansari & others. Shaik Abdul Samed (Died) Per LRs. and others. Counsel for appellants : Sri Vedula Venkataramana Counsel for respondents : Sri Y.G.Krishna Murthy CASES REFERRED:1. AIR 199.Supreme Cour2. (1969) 1 Andhra Weekly Reporter 255 (DB) 3) AIR 193.Madra4. AIR 199.Patn5. AIR 193.Allahaba6. AIR 193.Calcutt7. AIR 196.Patn8. AIR 195.Oriss9. AIR 195.Mysor10. B.R.Verma's Commentaries on Mohammedan Law, 8th Edition 11) AIR 195.Supreme Court 358 (Para 14) 12) (1991) 191 ITR 27.13) AIR 195.Allahabad 42 JUDGMENT: (Per Sri Justice Sanjay Kumar) This Letters Patent Appeal arises out of the Judgment and Decree dated 10.12.2001 in A.S.No.23 of 1985, whereby a learned Judge of this Court reversed the Judgment and Decree dated 16.10.1978 of the learned Subordinate Judge, Bapatla, dismissing O.S.No.41 of 1975. The learned Judge passed a pre...



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